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352 judgments · newest first · showing 1–200

THE STATE OF WEST BENGAL AND OTHERSversusSK. NAZRUL ISLAM

2011 INSC 762Appeal(s) allowed

The West Bengal Police recruited constables and placed the respondent on the provisional select list. He was medically fit and submitted a verification roll stating he had never been arrested, but an enquiry revealed his involvement in a criminal case under IPC sections 148, 323, 380, 448, 427 and …

COLLECTOR, BILASPURversusAJIT P. K. JOGI & ORS.

2011 INSC 763Case Partly allowed

The case concerned a complaint before the National Commission for Scheduled Castes and Scheduled Tribes that Ajit P.K. Jogi had fraudulently obtained Scheduled Tribe certificates and contested elections from reserved constituencies. The Commission held a hearing, recorded a finding that Jogi’s …

DR. T. VARGHESE GEORGEversusKORA K. GEORGE & ORS.

2011 INSC 764Dismissed

The case concerned the T. Thomas Educational Trust, founded by a Christian philanthropist to run schools and a college. After the founder's death, allegations of mis‑management by his widow led three interested persons to file a suit under Section 92(1)(g) of the Code of Civil Procedure seeking a …

TRILOK SUDHIRBHAI PANDYAversusUNION OF INDIA & ORS.

2011 INSC 765Appeal(s) allowed

The appellants, land owners, challenged the appointment of Shri V.I. Gohil as the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, arguing that his salary, allowances, accommodation and transport were paid by the private gas‑pipeline …

RAIWAD MANOJKUMAR NIVRUTTIRAOversusSTATE OF MAHARASHTRA & ANR.

2011 INSC 767Case Partly allowed

The appellant, a clerk in NABARD, was issued a caste certificate by a Tehsildar stating he belonged to the 'Koli Mahadeo' tribe, which was then recognized as a Scheduled Tribe in Maharashtra. After his appointment to a reserved ST vacancy in 1992, the bank’s Caste Scrutiny Committee later concluded …

TRAMBAKESHWAR DEVASTHAN TRUST AND ANR.versusPRESIDENT, PUROHIT SANGH AND ORS.

2011 INSC 768Disposed off

The Trambakeshwar Devasthan Trust, a public trust under the Bombay Public Trusts Act, 1950, challenged the High Court's order that the Board of Trustees of the Trimbakeshwar temple should include representatives of the Tungars, Purohits and Pujaris. The appellants argued that these groups have a …

UNITED INDIA INSURANCE CO. LTD.versusSHILA DATTA & ORS.

2011 INSC 759Reference answered

The Supreme Court examined whether a motor insurer can challenge a Motor Accident Claims Tribunal award on the quantum of compensation and whether it may join the vehicle owner in an appeal. The Court held that when an insurer is impleaded as a party‑respondent, it may contest the claim on any …

SANJEEV KUMAR JAINversusRAGHUBIR SARAN CHARITABLE TRUST & ORS.

2011 INSC 755Disposed off

The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code …

SHRI GIRISH VYAS & ANR. .versusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 756Disposed off

The case concerned a 3,450‑sq‑metre plot (FP No.110) in Pune that was originally reserved for a garden and later for a primary school under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the land was acquired, the developer, who was the son‑in‑law of the then Chief Minister, …

SWAMI VIVEKANAND COLLEGE OF EDUCATION & ORS.versusUNION OF INDIA & ORS.

2011 INSC 752Dismissed

The appellants, institutions recognised by the National Council for Teacher Education (NCTE) and offering B.Ed. courses, were granted additional intake without NAAC accreditation. The NCTE later issued Regulations 8(4) and 8(5) requiring NAAC accreditation with a Letter Grade B for such …

THE STATE OF WEST BENGAL & ORS.versusMANI BHUSHAN KUMAR

2011 INSC 746Appeal(s) allowed

The State Transport Authority of Bihar issued a temporary stage‑carriage permit for a vehicle to ply from Motihari (Bihar) to Siliguri (West Bengal) without the required counter‑signature of the West Bengal State Transport Authority. The vehicle was seized by the Motor Vehicle Department in Siliguri …

FEE REGULATORY COMMITTEEversusKALOL INSTITUTE OF MANAGEMENT, ETC

2011 INSC 749Appeal(s) allowed

The Fee Regulatory Committee (FRC) had fixed fee structures for unaided professional colleges in Gujarat for the academic years 2008-2009, 2009-2010 and 2010-2011. Private colleges sought revision of those fees, arguing that higher staff salaries under the Sixth Pay Commission increased their costs. …

DELHI ADMINISTRATION THROUGH ITS SECRETARYversusUMRAO SINGH

2011 INSC 750Appeal(s) allowed

The respondents, whose lands were acquired for planned development of Delhi, applied for alternative plots under the 1961 Scheme but were rejected because they had purchased the land within five years of the acquisition notification. They challenged the rejection, arguing that the 1961 Scheme had …

SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.

2011 INSC 739Disposed off

The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to …

MALTHESH GUDDA POOJAversusSTATE OF KARNATAKA & ORS.

2011 INSC 751Appeal(s) allowed

The appellant challenged a notification and the handling of a review petition concerning a writ appeal that had been dismissed by a Division Bench of the Karnataka High Court. The review petition was heard by a different Division Bench under a 29‑December‑2008 notification and was allowed on 17 …

R. VIJAYANversusBABY AND ANR.

2011 INSC 745Dismissed

The appellant R. Vijayan filed a complaint under Section 138 of the Negotiable Instruments Act after a Rs.20,000 cheque issued by the first respondent was dishonoured. The First Class Magistrate convicted the respondent, imposing a fine of Rs.2,000 and directing payment of Rs.20,000 as compensation, …

GOA HOUSING BOARDversusRAMESHCHANDRA GOVIND PAWASKAR & ANR.

2011 INSC 738Disposed off

The Supreme Court examined the compensation payable for land acquired from a tenant who held the land under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The land was subject to a statutory prohibition under Section 2 of the Goa Land Use (Regulation) Act, 1991, which barred any …

SANCHIT BANSAL &. ANR.versusTHE JOINT ADMISSION BOARD (JAB) & ORS.

2011 INSC 741Dismissed

The appellants, Sanchit Bansal and another, challenged the Joint Admission Board's (JAB) method of fixing cut‑off marks for the IIT‑JEE 2006, alleging that the procedure was arbitrary, capricious and motivated by personal enmity, which led to the first appellant's disqualification despite a high …

DAYARAMversusSUDHIR BATHAM & ORS.

2011 INSC 737Disposed off

The case concerned the validity of the fifteen directions issued by the Supreme Court in Kumari Madhuri Patil for verification of caste certificates and the procedural rights of parties challenging the orders of the State Level Screening Committee. Dayaram, the President of the Scheduled Caste …

PUSHPA KUMARI & ORS.versusTHE STATE OF BIHAR & ORS.

2011 INSC 742Appeal(s) allowed

The appellants, who had completed primary teacher‑training courses at a women’s college between 1988 and 1995, sought to appear for the teachers‑training examination conducted by the Bihar School Examination Board. The Board refused to issue examination forms, and the High Court dismissed the …

DNYANESHWAR RANGANATH BHANDARE & ANR.versusSADHU DADU SHETTIGAR (SHETTY) & ANR.

2011 INSC 730Appeal(s) allowed

The appellants, sons of a deceased property owner, claimed ownership of two rooms and alleged that the respondents were merely gratuitous licencees, while the respondents asserted they were tenants paying rent since 1982. The trial court found the respondents were licencees and granted possession to …

STATE OF HIMACHAL PRADESHversusUNION OF INDIA & ORS.

2011 INSC 717Hearing Adjourned

The State of Himachal Pradesh sued the Union of India and five other parties seeking its share of electricity generated by the Bhakra‑Nangal and Beas hydro‑electric projects, claiming entitlement based on the submergence of its territory and the Punjab Reorganisation Act, 1966. The Court examined …

SMT. HAR DEVI ASNANIversusSTATE OF RAJASTHAN & OTHERS

2011 INSC 718Disposed off

The appellant, Har Devi Asnani, purchased a residential plot for Rs 18 lakh and paid stamp duty of Rs 1,17,000, but the Sub‑Registrar re‑valued the land at Rs 2,58,44,260, leading the Additional Collector to demand a deficit stamp duty of Rs 15,70,000. The appellant challenged the demand in the High …

ULTRA TECH CEMENT LTD.versusSTATE OF MAHARASHTRA & ANR.

2011 INSC 715Appeal(s) allowed

Ultra Tech Cement Ltd., the lessee of a limestone mining lease granted by the Government of Maharashtra on 12‑Feb‑1980, challenged demand notices for Zilla Parishad (ZP) cess and Gram Panchayat (GP) cess for the years 1987‑1992. The appellant argued that Section 151(1) of the Maharashtra Zilla …

STATE OF U.P. & ORS.versusM/S MOHAN MEAKIN BREWERIES LTD. & ANR.

2011 INSC 710Disposed off

The State of Uttar Pradesh challenged M/s Mohan Meakin Breweries Ltd. for levying excise duty and additional duty on alleged excess manufacturing and bottling wastage of beer. The High Court had directed the State to recompute the stock of beer under Rule 53 of the UP Brewery Rules and Section 28A …

PARASAMAYA KOLERINATHA MADAM, TIRUNELVELIversusP. NATESA ACHARI & ORS.

2011 INSC 702Appeal(s) allowed

The appellant, Parasamaya Kolerinatha Math, sued the defendants for declaration of title and possession of a Chennai property that housed the Meenakshiamman idol and the founder's statue. The defendants claimed the premises was a public temple belonging to the Viswakarma community. The High Court …

BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.

2011 INSC 697Appeal(s) allowed

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents …

ANIL GILURKERversusBILASPUR RAIPUR KSHETRIA GRAMIN BANK & ANR.

2011 INSC 690Appeal(s) allowed

The appellant, a branch manager of Bilaspur Raipur Kshetriya Gramin Bank, was charged with sanctioning and distributing loans to brick manufacturers but allegedly misappropriating part of the amounts. The charge‑sheet dated 31‑01‑1989 contained only vague allegations without naming borrowers, loan …

STATE OF WEST BENGAL AND ORS.versusDEBASISH MUKHERJEE AND ORS.

2011 INSC 684Disposed off

The case concerned a group of senior Lower Division Assistants (LDAs) who sought to have their pay stepped up to match that of a junior employee, Gopinath Dey, invoking West Bengal Service Rule 55(4). The Court found that Dey had been erroneously granted a higher pay scale and that the two …

STATE OF WEST BENGALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

2011 INSC 676Appeal(s) allowed

The Supreme Court examined a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings from pollution caused by a bus terminus at Esplanade. The Calcutta High Court had ordered the relocation of the bus terminus within six months based on a NEERI report that …

UNION OF INDIA & ORS.versusBODUPALLI GOPALASWAMI

2011 INSC 672Disposed off

The Commandant of 227 Company ASC (Supply) was dismissed by a General Court Martial (GCM) and his pension was forfeited by order of the President under Regulation 16(a) of the Army Pension Regulations. The Punjab & Haryana High Court quashed the pension forfeiture, prompting appeals by the Union of …

FRIENDS OF VICTORIA MEMORIALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

2011 INSC 673Dismissed

The case concerned a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings in Kolkata. The Calcutta High Court had ordered a total ban on parking of vehicles around the monument for 24 hours a day, based on expert committee findings that parking …

SHRI AMBYA KALYA MHATRE (D) THROUGH LEGAL HEIRS & ORS.versusTHE STATE OF MAHARASHTRA

2011 INSC 670Appeal(s) allowed

The appellants, heirs of Ambya Kalya Mhatre, owned land acquired for the New Bombay project and were awarded compensation by the Special Land Acquisition Officer. Dissatisfied, they applied under section 18 of the Land Acquisition Act, 1894 for a reference to the civil court, initially seeking only …

BHARAT SANCHAR NIGAM LTD.versusR. SANTHAKUMARI VELUSAMY & ORS.

2011 INSC 656Appeal(s) allowed

The Supreme Court examined whether the Biennial Cadre Review (BCR) scheme of the telecom department, which upgraded the pay scale of the senior 10% of Grade III employees without creating new posts, attracted reservation provisions under Articles 16(4) and 16(4A) of the Constitution. The Court …

UNION OF INDIA & ORSversusJ.D. SURYAVANSHI

2011 INSC 649Appeal(s) allowed

The Madhya Pradesh High Court, hearing a public‑interest litigation filed by J.D. Suryavanshi, issued a series of interim orders directing the Indian Railways to add coaches, alter train timings and introduce new services on specific routes. The Railways complied with some directions but informed …

SRI CHANDU KHAMARUversusSMT. NAYAN MALIK & ORS.

2011 INSC 637Appeal(s) allowed

The appellant, owner of a house on Dag No. 408, sought electricity supply from the Calcutta Electricity Board, which was initially granted but later disconnected after respondents claimed the supply line passed through their land (Dag Nos. 406, 407, 409). The respondents filed a writ petition …

STATE OF PUNJABversusCENTRAL BUREAU OF INVESTIGATION & ORS.

2011 INSC 639Dismissed

The State of Punjab appealed against a Punjab and Haryana High Court order that directed the Central Bureau of Investigation (CBI) to take over fresh investigation of several FIRs, including one for which a charge‑sheet had already been filed under Section 173(2) of the Cr.P.C. The petition raised …

CHANDIGARH ADMININISTRATION THROUGH THE DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES), CHANDIGARH'versusCHANDIGARH EDUCATIONAL SERVICE (GROUP GAZETTED) GOVERNMENT ARTS AND SCIENCE

2011 INSC 642Appeal(s) allowed

The Chandigarh Administration framed the "Chandigarh Educational Service (Group A Gazetted) Government Arts and Science College Rules, 2000" which required a Ph.D. for direct recruitment of college principals and sent them to the President for notification. While the rules were pending, it …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusSHAUNAK H.SATYA & ORS.

2011 INSC 640Case Partly allowed

The Institute of Chartered Accountants of India (ICAI) conducted examinations for chartered accountants and was asked by Shaunak H. Satya, a failed candidate, to disclose the instructions, model answers and related materials given to examiners and moderators under the Right to Information Act, 2005 …

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITYversusGOBINDA CHANDRA MAKAL & ANR

2011 INSC 641Case Partly allowed

The Kolkata Metropolitan Development Authority and the State of West Bengal sought compensation for three parcels of land (two agricultural and one marsh) acquired under the Land Acquisition Act, 1894. The respondents challenged the award, arguing that the valuation should be based on recent sales …

SURENDRA PRASAD SHUKLAversusTHE STATE OF JHARKHAND & ORS.

2011 INSC 630Case Partly allowed

The appellant, a Head Constable with 34 years of service, was dismissed after his son and two others were arrested for stealing a car under Section 392 IPC, the car being recovered from the government quarters occupied by the appellant. The disciplinary authority held the appellant guilty of …

STATE OF RAJASTHAN & ORS.versusSANYAM LODHA

2011 INSC 611Appeal(s) allowed

The respondent, a legislator and social activist, filed a writ petition alleging that the Rajasthan Chief Minister's Relief Fund was being distributed arbitrarily and discriminatorily among minor rape victims, seeking a uniform grant of Rs.5 lakh to each victim. The High Court ordered that Rule 5 of …

BHARAT RASIKLAL ASHRAversusGAUTAM RASIKLAL ASHRA & ANR.

2011 INSC 612Appeal(s) allowed

The dispute arose between two brothers over the validity of partnership deeds executed after their grandfather's death, with the elder brother alleging that the later deeds of 1991 and 2000 were forged. The younger brother filed an application under section 11 of the Arbitration and Conciliation …

RAM KUMARversusSTATE OF U.P. & ORS.

2011 INSC 596Appeal(s) allowed

The appellant, Ram Kumar, applied for the post of police constable in Uttar Pradesh and affirmed in his recruitment affidavit that no criminal case was pending against him. A criminal case (Cr. No. 275/2001) had earlier been registered against him but he was acquitted by the Additional Chief …

STATE OF U.P. & ORSversusLUXMI KANT SHUKLA

2011 INSC 597Appeal(s) allowed

Luxmi Kant Shukla, a Provincial Civil Services officer of Uttar Pradesh, was suspended and faced a disciplinary inquiry for alleged defamatory remarks in a book. While the inquiry was pending, he submitted a reply on 28 May 2009 requesting voluntary retirement under Rule 56 of the U.P. Fundamental …

P.V. INDIRESANversusUNION OF INDIA & ORS.

2011 INSC 591Disposed off

The Supreme Court examined the meaning of the phrase "maximum cut‑off marks for OBCs be 10% below the cut‑off marks of general category candidates" in the clarificatory order dated 14‑Oct‑2008 issued in P.V. Indiresan's case, in the context of the Ashoka Kumar Thakur judgment. The dispute arose from …

RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.

2011 INSC 593Appeal(s) allowed

The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the …

ORISSA POWER TRANSMISSION CORPORATION LTD.versusKHAGESWAR SUNDARAY AND ORS.

2011 INSC 573Appeal(s) allowed

The Orissa State Electricity Board (OSEB) granted two advance increments to Lower Division Clerks (LDCs) who became graduates while in service, but later limited this benefit to those who graduated or passed the Accounts Examination on or before 30‑06‑1971. Five LDCs who obtained their degrees after …

MRS. SATIMBLA SHARMA AND ORS.versusST. PAULS SENIOR SECONDARY SCHOOL AND ORS.

2011 INSC 574Disposed off

The case concerned teachers of St. Paul's Senior Secondary School, a private unaided minority institution, who claimed that their salaries and allowances should be equal to those of teachers in government and government‑aided schools. The teachers argued that Article 14 and Article 39(d) of the …

CENTRAL BOARD OF SECONDARY EDUCATION & ANR.versusADITYA BANDOPADHYAY & ORS.

2011 INSC 557Disposed off

The appellant, Central Board of Secondary Education (CBSE), rejected a student's request to inspect and re‑evaluate his evaluated answer‑books, invoking exemption under Section 8(1)(e) of the Right to Information (RTI) Act and its own bye‑laws. The student filed a writ petition seeking a declaration …

M/S. MILKFOOD PVT. LTD.versusM/S. GMC ICE CREAM (P) LTD.

2011 INSC 544Appeal(s) allowed

The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent …

RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.

2011 INSC 527Appeal(s) allowed

The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it …

T. C. THANGARAJversusV. ENGAMMAL & ORS.

2011 INSC 529Appeal(s) allowed

The complainant alleged that a police inspector, his wife, and an associate defrauded her of Rs.3 lakh in a loan transaction and that the investigation was halted after the money was returned. She filed a petition under Section 482 of the CrPC seeking to have the case investigated by the CBI, …

SHEELKUMAR JAINversusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.

2011 INSC 524Appeal(s) allowed

Sheelkumar Jain, an employee of New India Assurance (formerly Liberty Insurance), served for over 20 years and in September 1991 gave a three‑month notice to leave service, which was accepted in December 1991. After the General Insurance (Employees') Pension Scheme, 1995 was introduced, he applied …

THE GREATER HYDERABAD MUNICIPAL CORPORATIONversusM. PRABHAKAR RAO

2011 INSC 525Appeal(s) allowed

The respondent, a bill collector in the Greater Hyderabad Municipal Corporation, was suspended in 1997 on allegations of accepting a bribe. He was later acquitted in the criminal trial because the complainant turned hostile and the prosecution failed to prove the gratuity was illegal. The competent …

M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.

2011 INSC 508

The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought …

G. SRINIVAS RAOversusUNION OF INDIA & ORS.

2011 INSC 502Dismissed

The appellant, a general‑category candidate who secured the 95th rank in the 1998 Civil Services Examination, was allocated to the Manipur‑Tripura Joint IPS cadre, while an OBC candidate (respondent No.4) with the 133rd rank was allocated to the Andhra Pradesh cadre. The appellant claimed that the …

C.M. THRI VIKRAMA VARMAversusAVINASH MOHANTY AND ORS.

2011 INSC 484Dismissed

The case concerned the allocation of two Indian Police Service officers, Vikrama Varma (an OBC insider) and Avinash Mohanty, to state cadres after the 2004 Civil Services Examination. The respondents challenged the allocation of Varma to the Andhra Pradesh cadre, alleging that the allocation …

KHANDESH COLLEGE EDUCATION SOCIETY, JALGAON &ANR.versusARJUN HARI NARKHEDE & ORS.

2011 INSC 456Disposed off

The petitioners, Khandesh College Education Society, owned a private aided college where fourteen lecturers/demonstrators (respondents) retired without receiving encashment of their unutilized earned leave. The respondents claimed entitlement to such leave and its encashment under Statutes 424(3) …

HIMANI ALLOYS LTD.versusTATA STEEL LTD.

2011 INSC 457Appeal(s) allowed

Tata Steel (respondent) sued Himani Alloys Ltd. (appellant) for recovery of a sum and filed an application for a decree on admission under Order 12 Rule 6, claiming the appellant had admitted liability for Rs 74.57 lakhs in minutes of a meeting dated 9 December 2000. The Calcutta High Court, finding …

ITC LTD.versusSTATE OF UTTAR PRADESH & ORS.

2011 INSC 458Disposed off

The Supreme Court examined the cancellation of leases and allotments of commercial plots in Noida granted to hotel developers under the Uttar Pradesh Urban Planning and Development Act, 1973 and the Uttar Pradesh Industrial Area Development Act, 1976. It held that a lease governed by a statute can …

STATE OF GOAversusPRAVEEN ENTERPRISES

2011 INSC 423Appeal(s) allowed

The State of Goa contracted Praveen Enterprises for construction work and included an arbitration clause that referred all disputes to a sole arbitrator appointed by the Chief Engineer, CPWD. After terminating the contract, the contractor filed claims and the State filed counter‑claims; the State …

STATE OF RAJASTHAN & ANR.versusJ.K. SYNTHETICS LTD. & ANR.

2011 INSC 421Case Partly allowed

The State of Rajasthan raised the royalty on limestone through notifications, prompting lessees to file writ petitions challenging the increase and obtain interim stays that allowed them to pay the lower rate. After the writs were dismissed, the lessees paid the differential royalty but the State …

M/S INTERGLOBE AVIATION LTD.versusN. SATCHIDANAND

2011 INSC 425Appeal(s) allowed

The Supreme Court examined a claim by a passenger against Indigo Airlines for compensation due to a prolonged flight delay, alleged deficiency in service, and alleged illegal detention at Hyderabad airport. The Court held that the Permanent Lok Adalat in Hyderabad had jurisdiction to entertain the …

KHIVRAJ MOTORSversusTHE GUANELLIAN SOCIETY

2011 INSC 426Dismissed

Khivraj Motors entered into a Joint Development Agreement (JDA) with Father A. John Bosco, who signed as President of The Gaunellian Society, and obtained a power of attorney. The Society later resolved that its President lacked authority, claiming the JDA and power of attorney were void, and filed …

THE SECRETARY, SH. A. P. D.JAIN PATHSHALA & ORS.versusSHIVAJI BHAGWAT MORE & ORS.

2011 INSC 427Appeal(s) allowed

The Supreme Court examined the validity of the Grievance Redressal Committee created under Maharashtra's Shikshan Sevak Scheme, which had been reconstituted by the High Court to function as a quasi‑judicial tribunal headed by a retired judge. The petitioners, private schools, challenged the …

KRISHAN LAL GERAversusSTATE OF HARYANA & ORS.

2011 INSC 432Appeal(s) allowed

The petitioner filed a public interest litigation alleging that the District Sports Council of Faridabad had granted a 99‑year lease of a portion of Nahar Singh Stadium to the District Cricket Association Club (DCA Club) for a token rent of Re.1 per year, and that the club subsequently sub‑let the …

SMT. RAMKANYA BAI & ANR.versusJAGDISH & ORS.

2011 INSC 442Appeal(s) allowed

The respondent Jagdish obtained a right of way over the appellants' land under Section 131 of the Madhya Pradesh Land Revenue Code, which the Tahsildar approved. The appellants challenged this by filing a civil suit for a declaration that no easement existed and that the Tahsildar's order was …

MANGLURAM DEWANGANversusSURENDRA SINGH AND ORS.

2011 INSC 428Case Partly allowed

In a suit for declaration, possession and damages, the sole plaintiff died and the appellant sought to be added as the legal representative under Order 22 Rule 3 of the CPC, claiming entitlement under a will. The trial court rejected the application, found the will unproved and dismissed the suit …

ACADEMY OF NUTRITION IMPROVEMENT AND ORS.versusUNION OF INDIA

2011 INSC 431Disposed off

The Academy of Nutrition Improvement and others challenged the constitutionality of Rule 44‑1 of the Prevention of Food Adulteration Rules, 1955, which prohibited the sale of non‑iodised common salt for human consumption. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of …

SWADESI JAGARAN MANCHversusSTATE OF ORISSA & ANR.

2011 INSC 433Hearing Adjourned

The Supreme Court examined the constitutionality of Rule 44 of the Prevention of Food Adulteration Rules, 1955, which bans the sale and manufacture of non‑iodised common salt. Several writ petitions and transfer petitions challenging this rule were consolidated, and the Court allowed the transfer of …

MRS. SARADAMANI KANDAPPANversusMRS. S. RAJALAKSHMI & ORS.

2011 INSC 446Disposed off

The appellant entered into an agreement of sale for immovable property, paying an advance and agreeing to pay the balance in three instalments, with clause 6 expressly making timely payment the essence of the contract. The respondents cancelled the agreement when the appellant failed to pay the …

STATE OF ORISSA & ORS.versusBHAGYADHAR DASH

2011 INSC 449Appeal(s) allowed

The State of Orissa entered into construction contracts that contained Clause 10, which dealt with additions, alterations and the execution of non‑tendered items of work, and provided that any dispute over the rate for such work would be finally decided by the Superintending Engineer. Contractors, …

VIDEOCON INDUSTRIES LTD.versusUNION OF INDIA AND ANR.

2011 INSC 383Appeal(s) allowed

The dispute arose under a Production Sharing Contract (PSC) between the Government of India and a consortium that included Videocon Industries Ltd. The PSC stipulated Kuala Lumpur as the seat of arbitration, but due to the SARS epidemic the arbitral tribunal held hearings in Amsterdam and London, …

DHARMATMA SINGHversusHARMINDER SINGH & ORS.

2011 INSC 371Appeal(s) allowed

The appellant was charged under several IPC offences based on a FIR filed by respondent No.1, while a cross‑case was filed against respondents No.1 and 2. After the magistrate permitted further investigation, the Superintendent of Police submitted a further report stating that respondent No.1 had …

DILJIT SINGH BEDIversusSHIROMANI GURUDWARA PRABHANDHAK COMMITTEE, SRI AMRITSAR

2011 INSC 350Appeal(s) allowed

The appellant, an Assistant Secretary of the Shiromani Gurdwara Prabandhak Committee (SGPC), was photographed with a woman, which he claimed was his wife. A Sub‑Committee inquiry accepted his explanation and recommended reinstatement, and the SGPC Executive Committee resolved to reinstate him. The …

M/S. J.G. ENGINEERS PVT. LTD.versusUNION OF INDIA AND ANR.

2011 INSC 338Appeal(s) allowed

The Government awarded a works contract for the extension of Guwahati airport terminal to J.G. Engineers, which was later terminated for alleged slow progress. The parties referred their dispute to arbitration as per the contract, and the sole arbitrator awarded the contractor a sum of Rs.1.04 …

CONSUMER ONLINE FOUNDATIONversusUNION OF INDIA & ORS.

2011 INSC 336Appeal(s) allowed

The Supreme Court examined whether Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) could levy development fees on embarking passengers under Section 22A of the Airports Authority of India Act, 1994, based on letters of approval from the Central Government. The …

U.P. AVAS EVAM VIKAS PARISHADversusSHEO NARAIN KUSHWAHA & ORS.

2011 INSC 329Appeal(s) allowed

The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order …

JANAK DULARI DEVI & ANR.versusKAPILDEO RAI & ANR.

2011 INSC 305Dismissed

The appellants claimed that they had paid Rs.17,000 of the Rs.22,000 purchase price and that title passed to them upon execution and registration of the sale deed, seeking specific performance to obtain the registration receipt. The vendor denied any payment, retained the registration receipt, …

STATE OF KARNATAKA AND ORS.versusJANTHAKAL ENTERPRISES AND ANR.

2011 INSC 299Appeal(s) allowed

The Supreme Court allowed the appeals filed by the State of Karnataka and other authorities against the Karnataka High Court’s order permitting Janthakal Enterprises to lift 1,17,800 tonnes of dumped ore. The Court held that the High Court had erred by disposing of a writ petition involving disputed …

BOOZ-ALLEN & HAMILTON INC.versusSBI HOME FINANCE LTD. & ORS.

2011 INSC 301Dismissed

The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant …

THIRUMALAI CHEMICALS LIMITEDversusUNION OF INDIA & ORS.

2011 INSC 292Disposed off

Thirumalai Chemicals Ltd imported goods in 1996 and, due to a bank error, the required exchange control documents were not forwarded to the RBI, leading to penalty orders under FERA. The company sought to appeal these orders after FEMA came into force, filing belated appeals in 2004 before the …

SYED MAQBOOL ALIversusSTATE OF UTTAR PRADESH & ANR.

2011 INSC 263Appeal(s) allowed

The State acquired land in 1982 for a road and paid compensation to certain owners, but the appellant claimed that his plots were taken without any legal acquisition. After a complaint to the Lokayukta was dismissed as time‑barred, he filed a writ petition in 2000 seeking acquisition of the disputed …

DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIAversusSUBODH SINGH & ORS.

2011 INSC 239Appeal(s) allowed

The Dedicated Freight Corridor Corporation acquired land for a special railway project under the Railways Act, 1989. After a gazette notification of acquisition on 16‑Dec‑2008, a public notice was published in newspapers on 20‑Feb‑2009 and the compensation award was made on 8‑Feb‑2010. The landowner …

K.K. VELUSAMYversusN. PALANISAMY

2011 INSC 243Case Partly allowed

The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, …

UNION OF INDIAversusGLAXO INDIA LTD. & ANR.

2011 INSC 244Appeal(s) allowed

Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore …

DEUTSCHE POST BANK HOME FINANCE LTD.versusTADURI SRIDHAR AND ANR.

2011 INSC 236Appeal(s) allowed

The first respondent bought an unfinished apartment and contracted the developer to complete it, invoking an arbitration clause in their construction agreement dated 21‑02‑2008. The respondent also had a separate loan agreement with the appellant bank, which contained its own arbitration clause. …

KUMARI RANJANA MISHRA AND ANR.versusTHE STATE OF BIHAR AND ORS.

2011 INSC 196Appeal(s) allowed

The appellants had enrolled for the Certificate in Physical Education (C.P.Ed.) course at Champaran Physical Training College, which was temporarily recognised by the Bihar Government in 1988. After the National Council for Teacher Education (NCTE) Act, 1993 came into force in 1995, the power to …

PESARA PUSHPAMALA REDDYversusG. VEERA SWAMY AND ORS.

2011 INSC 181Appeal(s) allowed

The Supreme Court examined two procedural questions under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: whether a Special Tribunal or Special Court must obtain a report from the Mandal Revenue Officer before taking cognizance of a land‑grabbing case, and whether they must publish a …

TAMIL NADU HOUSING BOARDversusTHE SERVICE SOCIETY & ANR.

2011 INSC 180Appeal(s) allowed

The Tamil Nadu Housing Board (the Board) acquired land for a low‑income‑group (LIG) housing scheme and, in 1976, allotted houses to members of a service society at a tentative price of Rs.18,000. The lease‑cum‑sale agreement allowed the Board to fix the final price based on land acquisition cost, …

BHARAT PETROLEUM CORPORATION LTD.versusCHEMBUR SERVICE STATION

2011 INSC 174Matter referred to larger bench

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a …

STATE BANK OF BIKANER & JAIPURversusNEMI CHAND NALWAYA

2011 INSC 169Appeal(s) allowed

The respondent, a clerk of State Bank of Bikaner & Jaipur, was dismissed after a departmental inquiry found him guilty of allowing a fraudulent withdrawal by an impersonator, constituting gross negligence. He was later acquitted in a criminal trial because the prosecution failed to prove the charges …

VISVESWARAYA TECHNOLOGICAL UNIVERSITY AND ANR.versusKRISHNENDU HALDER AND ORS.

2011 INSC 134Appeal(s) allowed

The Supreme Court examined whether the eligibility criteria for engineering admissions prescribed by the Visvesvaraya Technological University and the Karnataka State, which were higher than the minimum standards set by AICTE, could be relaxed when a large number of seats remained vacant. The …

CHOWDHURY NAVIN HEMABHAI & ORS.versusTHE STATE OF GUJARAT & ORS.

2011 INSC 138Disposed off

The appellants, students belonging to SC, ST and OBC categories, secured the required 40% marks in the qualifying examination but scored less than 40% in the Gujarat common entrance test for MBBS admission in 2008‑2009. They were admitted to the MBBS course under Gujarat Professional Medical …

BHARAT SANCHAR NIGAM LTD.versusGHANSHYAM DASS AND ORS.

2011 INSC 130Appeal(s) allowed

The case concerned promotion of Grade‑III officers to Grade‑IV in the Department of Telecommunications under the Biennial Cadre Review (BCR) Scheme. The Central Administrative Tribunal (CAT) had, in O.A. No.1455 of 1991, directed that promotions to the 10% posts in Grade‑IV be based on seniority in …

PRIYA DARSHNI DENTAL COLLEGE & HOSPITALversusUNION OF INDIA & ORS.

2011 INSC 128Case Allowed

Priyadarshini Dental College applied for renewal of its fourth‑year BOS course permission for 2010‑11. The Dental Council of India (DCI) found deficiencies and recommended non‑renewal, leading the Central Government to refuse the renewal. After a hearing ordered by the Madras High Court, the Central …

STATE OF PUNJABversusAMARJIT SINGH AND ANR.

2011 INSC 107Appeal(s) allowed

The State of Punjab appealed against an order of the Executing Court that allowed the respondents, whose land had been acquired, to claim the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 on both the market value of the land and the solatium payable under Section 23(2). …

INDIAN OIL CORPORATION LTD.versusM/S. SPS ENGINEERING LTD.

2011 INSC 99Appeal(s) allowed

The Indian Oil Corporation (IOCL) terminated a contract with SPS Engineering for delayed work and later incurred extra costs to complete the work through an alternative agency. IOCL filed a Section 11 application under the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator …

CHAIRMAN, BHARTIA EDUCATION SOCIETY & ANR.versusSTATE OF HIMACHAL PRADESH & ORS.

2011 INSC 93Disposed off

The Bhartia Education Society ran a teacher‑training institute that admitted 160 students in 1999 before obtaining recognition from the National Council for Teacher Education (NCTE). The State Government later granted a one‑time relaxation and the Himachal Pradesh Board conducted examinations for 68 …

GODAVARI SUGAR MILLS LTD.versusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 59Case Partly allowed

The appellant, Godavari Sugar Mills Ltd., owned large tracts of sugarcane land that were declared surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and were taken over by the State. After filing a claim for compensation, the State awarded Rs.88,77,538 with interest at …

UNION TERRITORY ADMINISTRATION, CHANDIGARH & ORS.versusMRS. MANJU MATHUR & ANR.

2011 INSC 51Appeal(s) allowed

The respondents, a Senior Dietician and a Dietician employed by the Union Territory Administration of Chandigarh, claimed that their pay scales should be brought at par with those of their counterparts in the Government of Punjab, invoking the doctrine of equal pay for equal work. The High Court had …

STATE OF RAJASTHAN & ORS.versusDAYA LAL & ORS.

2011 INSC 43Appeal(s) allowed

The Supreme Court examined appeals filed by the State of Rajasthan challenging High Court orders that had granted regularisation and salary parity to employees of aided hostels and part‑time cooks/chowkidars in government hostels. It held that employees of privately‑run aided hostels are not state …

STATE OF JHARKHAND & ORS.versusPAKUR JAGRAN MANCH & ORS.

2011 INSC 38Appeal(s) allowed

The State of Jharkhand sought to construct a hospital on 4.40 acres of land that had been recorded as gochar (village grazing land) under the Santhal Parganas Settlement Regulations, 1872. A public‑interest writ petition challenged the de‑reservation of the gochar, arguing that Section 38(1) of the …

BRIJ MOHAN & ORS.versusHARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

2011 INSC 2Case Partly allowed

The appellants' lands were acquired under the Land Acquisition Act, 1894 for the development of a city and HUDA formulated a scheme to allot plots to the land losers at "normal allotment rates". The appellants applied for allotment in 1990 and were later allotted plots, but HUDA charged them the …

SUBHASH CHANDversusSTATE OF HARYANA & ORS.

2010 INSC 888Dismissed

The mother of the appellant filed an application for recovery of rent and eviction of a tenant under the Punjab Security of Land Tenures Act, 1953. The tenant argued that he was entitled to occupancy rights and therefore not liable for rent, and that the application should be treated as a suit under …

NASEEM AHMAD & ORS.versusSTATE OF U.P. & ANR.

2010 INSC 868Appeal(s) allowed

The appellants applied for Class IV posts in the Mahoba District Judgeship and were placed on a select list (waiting list) on 19 September 2000. They received appointment letters on 13 August 2001, i.e., within one year of their selection. The District Judge later cancelled the waiting list and …

T.G. ASHOK KUMARversusGOVINDAMMAL AND ANR.

2010 INSC 863Case Partly allowed

The appellant, T.G. Ashok Kumar, purchased a plot from the second respondent in 1990, unaware of a pending partition suit filed by the first respondent. The partition suit, which was not collusive, was decreed in 1994 and finally divided the property such that three‑quarters went to the first …

ANJANI MOLU DESSAIversusSTATE OF GOA & ANR.

2010 INSC 861Case Partly allowed

The Supreme Court examined the compensation awarded for 3,65,375 sq.m. of orchard and paddy land acquired in Goa for a railway project. The Land Acquisition Collector had based the market value on two sale deeds, one for a comparable orchard parcel sold at Rs.43.80 per sq.m. and another distant …

UNION OF INDIAversusA. DURAIRAJ (D) BY LRS.

2010 INSC 838Appeal(s) allowed

A. Durairaj, a senior section engineer of Southern Railways, was denied an ad‑hoc promotion to Assistant Signal and Telecommunication Engineer (ASTE) in 1976 on the ground of colour blindness as certified by a medical report. After obtaining a B.E. degree in 1998, he was medically cleared and …

GHANSHYAM SHARMA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2010 INSC 842Disposed off

The case concerned Lower Division Clerks/Upper Division Clerks (special promotees) who were appointed as regular stenographers on 25‑04‑1992 under proviso (5A) of the Rajasthan Secretariat Ministerial Service Rules, 1970, claiming retrospective seniority from their ad‑hoc appointments in 1978‑79. …

STATE OF U.P. & ORS.versusJASVIR SINGH & ORS.

2010 INSC 826Appeal(s) allowed

The Supreme Court examined a writ petition filed by landowners challenging the acquisition of their lands under the 1981 notifications of the Land Acquisition Act, 1894, and seeking fresh notifications and higher compensation. The High Court had repeatedly summoned senior state officials—Principal …

DAYA SHANKAR YADAVversusUNION OF INDIA & ORS.

2010 INSC 809Dismissed

The appellant, Daya Shankar Yadav, was appointed as a constable in the Central Reserve Police Force in 2003. In the verification roll he filled in July 2004, he answered ‘no’ to questions asking whether he had ever been arrested, prosecuted, detained, fined or convicted, despite a criminal case …

HARBHAJAN SINGHversusSTATE OF HIMACHAL PRADESH & ORS.

2010 INSC 804Dismissed

The Himachal Pradesh Government declared a consolidation scheme for Revenue Estate Damtal Khas under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, allocating land to Harbhajan Singh and Damtal Temple. After valuation and exchange orders were made, neither …

THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION C.M.D.AversusJ. SIVAPRAKASAM & ORS.

2010 INSC 788Appeal(s) allowed

The Special Deputy Collector of the Chennai Metropolitan Development Authority sought to acquire 4.89 acres of land for the Koyambedu Wholesale Market Complex, issuing a preliminary notification under Section 4(1) and a final declaration under Section 6 of the Land Acquisition Act, 1894. The …

J. KODANDA RAMI REDDYversusSTATE OF A.P. & ORS.

2010 INSC 772Appeal(s) allowed

The appellant contractor filed a petition under Section 8 of the Arbitration Act, 1940 seeking appointment of an arbitrator for claims exceeding Rs.50,000, which the State of Andhra Pradesh opposed on the ground of Government Order (GOM) No. 430, 24‑10‑1983, as clarified by GOM No. 160, 01‑06‑1987, …

S.N. PRASADversusMONNET FINANCE LTD. AND ORS.

2010 INSC 718Appeal(s) allowed

The appellant, S.N. Prasad, had given a letter of guarantee for a loan but never signed the tripartite loan agreements that contained an arbitration clause. The lender, Monnet Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, impleading the appellant …

STATE OF PUNJAB & ANR. ETC.versusVINEY KUMAR KHULLAR & ORS. ETC.

2010 INSC 725Case Partly allowed

Three in‑service doctors were admitted to 2008 postgraduate medical courses based on a prospectus that required No Objection Certificates (NOCs) in accordance with a 1996 government circular prescribing a Rs 2 lakh bond for five years of service. The government later invoked a 2007 amendment …

RAJ KUMARversusAJAY KUMAR & ANR.

2010 INSC 703Case Partly allowed

The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal …

MAN KAUR (DEAD) BY LRS.versusHARTAR SINGH SANGHA

2010 INSC 672Appeal(s) allowed

The appellant, Man Kaur, owned a plot that was sold to the respondent, Hartar Singh Sangha, by an agreement executed through attorney‑holders. The respondent paid earnest money and claimed he was ready to complete the purchase, but the vendor failed to execute the sale deed. The respondent sued for …

K. MANORAMAversusUNION OF INDIA REP. BY GENL. MANAGER SOUTHERN RAILWAY & ORS.

2010 INSC 658Dismissed

The appellant, a Scheduled Caste (SC) Chief Law Assistant in Southern Railways, challenged the promotion of a fellow SC candidate (Respondent No.3) to Assistant Law Officer, arguing that the SC candidate was selected on merit and therefore should not occupy the reserved seat, which should have gone …

AMARJIT SINGH & ORS.versusSTATE OF PUNJAB & ORS.

2010 INSC 656Dismissed

The case concerned the expansion of the SAS (Nagar) Mohali township, where land for sectors 81, 88 and 89 was acquired under the Land Acquisition Act, 1894. The State of Punjab invoked Section 178(2) of the Punjab Regional and Town Planning and Development Act, 1995 to exempt the acquired land from …

SOHAM MAYANKKUMAR VYAS AND ORS.versusUNION OF INDIA AND ORS.

2010 INSC 654Case Partly allowed

The Supreme Court examined whether a Government of India notification dated 6 March 2009, which placed the Bachelor of Dental Surgery (BOS) degrees awarded to Indian students of Mauras College of Dentistry, Mauritius in Part III of the Dentists Act schedule, was valid. Mauras College, though located …

ALKA GUPTAversusNARENDER KUMAR GUPTA

2010 INSC 651Appeal(s) allowed

Alka Gupta filed a second suit for accounts of a dissolved partnership, after having earlier obtained a decree for the balance price under a sale agreement with Narender Kumar Gupta. The Delhi High Court dismissed the second suit, holding it barred by Order 2 Rule 2 of the CPC, by constructive res …

CHARUTAR AROGYA MANDALversusSTATE OF GUJRAT & ANR.

2010 INSC 617Disposed off

Charutar Arogya Mandal, an unaided medical college in Gujarat, sought to fill its 10% management quota seats by admitting meritorious, economically weaker students under a charitable scheme that required only a token fee of Rs.5,000 per annum, with the balance subsidised as a scholarship. The …

ASHOK PAL SINGH AND ORS.versusU.P. JUDICIAL SERVICES ASSOCIATION AND ORS.

2010 INSC 604Case Partly allowed

The Supreme Court examined a long‑standing dispute in the Uttar Pradesh Higher Judicial Service concerning the inter‑seniority of officers appointed by direct recruitment from the Bar and those promoted from the Nyayik Sewa and Judicial Magistrates. The petitioners sought to prevent direct recruit …

STATE OF HARYANAversusSATISH KUMAR MITTAL AND ANOTHER

2010 INSC 573Appeal(s) allowed

Satish Kumar Mittal, an Assistant District Attorney, discovered an error in his recorded date of birth nine years after joining the Haryana government service and sought correction. The service rules required any application for correction of date of birth to be filed within two years of entry, a …

PUNJAB NATIONAL BANK AND ORS.versusK.K. VERMA

2010 INSC 576Disposed off

The respondent, a manager of Punjab National Bank, was charged with serious irregularities and subjected to a departmental inquiry under the bank's 1977 service regulations. The disciplinary authority found him guilty on three charges and, despite the inquiry officer’s finding on the fourth charge, …

MAIN PALversusSTATE OF HARYANA

2010 INSC 577Appeal(s) allowed

The appellant was charged with trespassing into Prakashi Devi's house and assaulting her with intent to outrage her modesty under IPC sections 452 and 354. Evidence showed that the assault was actually on Prakashi Devi's daughter‑in‑law, Sheela Devi, and not on Prakashi Devi. The trial court …

HUSSAINBHAI ALLARAKHBHAI DARIAYA & ORS.versusSTATE OF GUJARAT & ORS.

2010 INSC 558Dismissed

The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first …

JAMES JOSEPHversusSTATE OF KERALA

2010 INSC 564Dismissed

The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State …

C.S. MANI (DECEASED) BY LR C.S. DHANAPALANversusB. CHINNASAMY NAIDU (DECEASED) BY LRS.

2010 INSC 565Appeal(s) allowed

The appellant obtained a money decree against Mokshammal, an agriculturist, and had his property attached on 29‑12‑1974. The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act) came into force on 10‑1‑1975, and under its Section 4 the execution against agriculturists …

HARYANA STATE ELECTRICITY BOARDversusM/S. HANUMAN RICE MILLS AND ORS.

2010 INSC 536Dismissed

The Haryana State Electricity Board served a demand notice on the purchaser of a rice mill for electricity arrears incurred by the previous owner. The purchaser filed two suits: the first for a permanent injunction against the demand, and the second for a declaration that the demand and subsequent …

STATE OF ORISSAversusCHOUDHURI NAYAK (DEAD BY LR) & ORS.

2010 INSC 539Appeal(s) allowed

The first respondent, Chaudhuri Nayak, obtained a Freedom Fighters' Pension under the 1972 scheme by claiming imprisonment in 1943, supported by a typed jail certificate and a certified extract of a challan register. A public interest litigation alleged that the documents were fabricated and that …

STATE OF KARNATAKA & ORS.versusM.L. KESARI & ORS.

2010 INSC 469Disposed off

The appellants, the State of Karnataka and others, sought to regularise three daily‑wage employees who had worked for more than fifteen years without any court intervention. The High Court had initially ordered their representation to be considered and later dismissed the appeal, directing that …

ANAND SINGH & ANR.versusSTATE OF UTTAR PRADESH & ORS.

2010 INSC 443Dismissed

The Gorakhpur Development Authority (GOA) sought to acquire land for a residential colony and, under the Land Acquisition Act, 1894, invoked the urgency clause of Section 17(4) to dispense with the mandatory Section 5A enquiry. The appellants, land owners, challenged the validity of this …

M/S. SUMITOMO HEAVY INDUSTRIES LIMITEDversusOIL & NATURAL GAS COMPANY

2010 INSC 444Appeal(s) allowed

The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid …

THE GENERAL MANAGER (P) PUNJAB & SINO BANK & ORS.versusDAYA SINGH

2010 INSC 449Appeal(s) allowed

The General Manager of Punjab & Sind Bank dismissed a branch manager, Daya Singh, for sanctioning loans against fictitious fixed deposits, absconding from his post, and acting as guarantor without permission. The bank’s departmental inquiry, based on documentary evidence and the manager’s own …

STATE OF HIMACHAL PRADESH & ANR.versusM/S. HIMACHAL TECHNO ENGINEERS & ANR.

2010 INSC 429Appeal(s) allowed

The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by …

SHYAMWATI SHARMA & ORS.versusKARAM SINGH & ORS.

2010 INSC 402Appeal(s) allowed

A Sub‑Inspector aged 36 died in a motor accident, leaving six dependants who claimed compensation under the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded Rs 14,44,600, which the Delhi High Court enhanced to Rs 14,65,776 by assuming future salary growth, a 30% tax deduction and a …

H. SRINIVAS PAI & ANR.versusH.V. PAI (D) THR. LRS. & ORS.

2010 INSC 400Disposed off

In a suit for partition of joint family property filed in 1991, the appellants sought a stay of proceedings under Section 34 of the Arbitration Act, 1940, which was dismissed in 1995 and affirmed on appeal. The suit continued, and the appellants later filed an application under Section 8 of the …

VINOD SETHversusDEVINDER BAJAJ AND ANR.

2010 INSC 347Case Partly allowed

The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 …

STATE OF WEST BENGAL AND ORS.versusS.K. NURUL AMIN

2010 INSC 349Appeal(s) allowed

The respondent applied to the West Bengal State Transport Authority for permanent stage carriage permits covering routes from Dhulian Bazar to Kolkata and from Raghunathganj to Kolkata. The Authority issued permits that curtailed the routes at Barasat, omitting the final leg to Kolkata, citing …

AVINASH GAIKWAD & ORS.versusSTATE OF MAHARASHTRA & ORS.

2010 INSC 351Dismissed

The State of Maharashtra acquired a large residential and non‑residential property and handed it to MHADA for redevelopment under an Urban Renewal Scheme. MHADA, lacking funds, entered into an agreement with a private developer who was issued a No‑Objection Certificate under Development Control …

RASID JAVED & ORS. ETC. ETC.versusSTATE OF U.P. & ANR. ETC. ETC.

2010 INSC 352Dismissed

The appellants, private bus operators, claimed that a 1999 notification under s.102(1) of the Motor Vehicles Act, 1988, which purported to modify the 1993 scheme and allow them to operate on the Saharanpur‑Delhi inter‑state route, was validly approved by a Hearing Authority and could not be …

TATA MOTORS LTD.versusTALATHI OF VILLAGE CHIKHALI AND ORS.

2010 INSC 344Dismissed

Tata Motors obtained a 99‑year lease of unalienated land from the Pimpri‑Chinchwad New Town Development Authority (the Development Authority) in 1995 and began industrial use in 1999. The state revenue authority issued demand notices for non‑agricultural cess for the period 1995‑96 to 2001‑02, which …

SHIMNIT UTSCH INDIA PVT. LTD. & ANR.versusWEST BENGAL TRANSPORT INFRASTRUCTURE

2010 INSC 313Dismissed

The appeals concerned the validity of the West Bengal and Orissa governments' decision to cancel earlier Notices Inviting Tenders (NIT) for High Security Registration Plates (HSRP) and to issue new NITs that omitted the conditions of foreign experience and minimum turnover, which had been upheld as …

MADRAS BAR ASSOCIATIONversusUNION OF INDIA

2010 INSC 306Directions issued

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005 and the provisions of Article 323B (and Article 3238) of the Constitution, arguing that the Act undermines the basic structure by creating a parallel tribunal system under executive control. The …

SOUTH BENGAL STATE TRANSPORT CORPORATIONversusASHOK KUMAR GHOSH AND ORS.

2010 INSC 277Case Partly allowed

The South Bengal State Transport Corporation disciplined a conductor for allowing a ticketless passenger and possessing excess cash, relegating him to a Daily Rated Conductor. The employee challenged the punishment, alleging bias because the Enquiry Officer was appointed before his reply was …

M/S M.R.F. LTD. ETC.versusMANOHAR PARRIKAR AND ORS.

2010 INSC 262Dismissed

The Supreme Court examined the validity of two Goa Government notifications (15‑May‑1996 and 1‑Aug‑1996) granting a 25% electricity tariff rebate to industrial consumers. The appellants argued that the notifications were lawful government decisions, while the State contended they were issued by the …

GOA GLASS FIBRE LTD. & ANR.versusSTATE OF GOA AND ANR.

2010 INSC 267Dismissed

The State of Goa enacted the Goa (Prohibition of Further Payment and Recovery of Rebate Benefits) Act, 2002 to stop further electricity rebate payments under two 1996 notifications and to recover amounts already paid, alleging the notifications were unauthorized. Industrial units (Goa Glass Fibre …

THE ADMINISTRATOR UNION TERRITORY OF DADAR & NAGAR HAVELIversusGULABHIA M. LAD

2010 INSC 248Appeal(s) allowed

The Administrator (Union Territory of Dadar & Nagar Haveli) removed Gulabhia M. Lad, a Land Reforms Officer, from service for illegally granting occupancy rights, while two subordinate officers involved in the same incident received lesser penalties after departmental appeals. Lad challenged the …

AMAL KUMAR GHOSH & ORS.versusBASANTA KUMAR ALMAL

2010 INSC 249Appeal(s) allowed

The first respondent filed a suit for specific performance which was settled by a decree that appointed a court‑appointed receiver to hold the balance sale consideration of Rs.6,00,000. The appellants instructed the receiver to pay Rs.3,00,000 to Park Services Pvt. Ltd. for statutory liabilities and …

INDOWIND ENERGY LTD.versusWESCARE (I) LTD. AND ANR.

2010 INSC 246Appeal(s) allowed

Wescare (I) Ltd. entered into a sale agreement on 24‑Feb‑2006 with Subuthi Finance Ltd., which contained an arbitration clause. Indowind Energy Ltd., promoted by Subuthi, was not a signatory to the agreement and its board had not approved it. Wescare filed a petition under Section 11(6) of the …

SPECIAL LAND ACQUISITION OFFICERversusKARIGOWDA & ORS.

2010 INSC 242Case Partly allowed

The Supreme Court examined the compensation awarded for land compulsorily acquired for the Hemavathi Dam project, where claimants cultivated mulberry for sericulture. The lower courts had enhanced compensation by treating silk cocoons as an agricultural product and using a capitalization method, …

THE MANAGING DIRECTOR, HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LIMITEDversusTHE ASSISTANT REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION

2010 INSC 243Appeal(s) allowed

The Supreme Court examined whether two cooperative milk producer societies were liable to pay Employees' State Insurance (ESI) contributions for workers employed by contractors to transport milk. The societies argued that the contractors' workers were neither directly employed by them nor worked on …

ZAMEER AHMED LATIFUR REHMAN SHEIKHversusSTATE OF MAHARASHTRA & ORS.

2010 INSC 237Disposed off

The appellants challenged the constitutional validity of the phrase "promoting insurgency" in Section 2(1)(e) of the Maharashtra Control of Organised Crime Act, 1999, arguing that the State legislature lacked competence and that the provision conflicted with the Unlawful Activities (Prevention) …

ANDHRA PRADESH TOURISM DEVELOPMENT CORPN. LTD. & ANR.versusM/S. PAMPA HOTELS LTD.

2010 INSC 227Disposed off

The dispute arose between Andhra Pradesh Tourism Development Corporation Ltd (APTDC) and Pampa Hotels Ltd over lease and management agreements executed on 30‑March‑2002, which contained arbitration clauses. Pampa Hotels Ltd was incorporated only on 9‑April‑2003, so it did not exist when the …

M/S. MODERN INDUSTRIESversusM/S. STEEL AUTHORITY OF INDIA LTD. TH. M.D. & ORS.

2010 INSC 208Appeal(s) allowed

The Supreme Court examined a dispute between M/s Modern Industries (supplier) and Steel Authority of India Ltd. (buyer) concerning a balance payment and interest under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (as amended 1998). The buyer alleged …

S. KALADEVIversusV.R. SOMASUNDARAM AND ORS.

2010 INSC 205Appeal(s) allowed

The appellant, S. Kaladevi, filed a suit for specific performance of a sale agreement for an immovable property, seeking execution of a fresh sale deed and an injunction. The sale deed dated 27‑02‑2006 had been executed but could not be registered because of an attachment on the property, and the …

MYSORE URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONERversusVEER KUMAR JAIN & ORS.

2010 INSC 189Appeal(s) allowed

The Mysore Urban Development Authority (MUDA) acquired land for a residential layout, took possession and issued a notification under Section 16(2) of the Land Acquisition Act, 1894. Later, the State Government issued a notification on 15 September 2001 under Section 48(1) of the same Act, …

STATE OF MAHARASHTRAversusM/S. HINDUSTAN CONSTRUCTION COMPANY LTD.

2010 INSC 191Dismissed

The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five …

DALCO ENGINEERING PRIVATE LTD.versusSHREE SATISH PRABHAKAR PADHYE AND ORS.

2010 INSC 183

The case concerned two writ petitions challenging the termination of a disabled employee by a private limited company and the termination of a contract with a public trust. Both petitioners sought relief under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and …

SUHRID SINGH @ SARDOOL SINGHversusRANDHIR SINGH & ORS.

2010 INSC 180Appeal(s) allowed

Suhrid Singh filed a suit seeking a declaration that certain sale deeds were void as they did not bind the co‑parcenary, along with joint possession and injunction relief. The trial court held that the suit sought cancellation of the deeds and required ad‑valorem court fee based on the sale …

RAJEEV KUMAR & ANR.versusHEMRAJ SINGH CHAUHAN & ORS.

2010 INSC 163Dismissed

Two service officers (appellants) were not parties to original applications filed before the Central Administrative Tribunal (CAT) by the respondents. The High Court allowed the appellants to be impleaded in a writ petition challenging the CAT's judgment and set aside that judgment. The appellants …

FOOD CORPORATION OF INDIA AND ANR.versusNIZAMUDDIN AND ANR.

2010 INSC 164Appeal(s) allowed

The Food Corporation of India (FCI) allowed a senior employee (the second respondent) to retire on medical grounds after he had turned 55, and the employee also requested that his son (the first respondent) be appointed on compassionate grounds. The son later applied for such appointment, but FCI …

UNION OF INDIA & ANOTHERversusHEMRAJ SINGH CHAUHAN & OTHERS

2010 INSC 165Disposed off

The respondents, officers of the Uttar Pradesh State Civil Service, claimed that the quinquennial cadre review of the IAS for Uttar Pradesh was due in April 2003 and that the review conducted in August 2005 should be given retrospective effect so that they could be considered for promotion. The …

SATYA PRAKASH & ORS.versusSTATE OF BIHAR & ORS.

2010 INSC 152Disposed off

The appellants, daily‑wage workers who had served the Bihar Intermediate Education Council for more than ten years, filed a writ petition seeking regularisation of their services on the basis of paragraph 53 of the Supreme Court’s judgment in State of Karnataka v. Uma Devi. The Patna High Court …

STATE OF M.P.versusSUGHAR SINGH & ORS.

2010 INSC 132Disposed off

Eight persons were tried by a Sessions Court in Madhya Pradesh for murder and related offences under the Indian Penal Code. The High Court set aside their convictions, and the State appealed, but only four of the accused were impleaded as respondents in the appeal. The Supreme Court, in a 2008 …

BHAGWAN DAS & ORS. ETC.versusSTATE OF UP & ORS.

2010 INSC 127Appeal(s) allowed

The appellants' land was acquired for a market yard and an award was made by the Land Acquisition Collector on 14 March 2007, but they were not served notice of the award until 25 October 2007 and only became aware of its contents on 16 November 2007. They filed an application under Section 18 of …

NEW INDIA ASSURANCE CO. LTD.versusRAGHUVIR SINGH NARANG & ANR.

2010 INSC 122Appeal(s) allowed

The Supreme Court examined whether Development Officers of New India Assurance who exercised the Special Voluntary Retirement Package (SVRP) under the 2003 Amendment Scheme could withdraw their option before the employer’s acceptance. The Court held that the SVRP is part of a statutory scheme framed …

MAYA MATHEWversusSTATE OF KERALA & ORS.

2010 INSC 112Dismissed

Maya Mathew, a pharmacist in the Kerala State Homeopathy Services, challenged the method used to allocate vacancies for Medical Officer posts, arguing that the ratio of direct recruitment to transfers should be applied to the cadre strength of the post as mandated by Note (3) of Rule 5 of the …

UNION OF INDIAversusR.K. CHOPRA

2010 INSC 73Appeal(s) allowed

R.K. Chopra, a Desk Officer, was suspended from service in 1989 and remained under suspension when the Central Civil Services (Revision Pay) Rules, 1997 came into force on 1 January 1996. He claimed entitlement to a revised subsistence allowance based on the new pay scale, filing representations …

HARIDWAR DEVELOPMENT AUTHORITYversusRAGHUBIR SINGH

2010 INSC 68Disposed off

The Haridwar Development Authority acquired about 38.6 bighas of contiguous village land for a housing colony. The Collector awarded compensation using a three‑belt method with varying rates, which the Reference Court reduced to two belts, and the High Court further replaced with a uniform rate of …

STATE OF HARYANA & ORS.versusS. L. ARORA & COMPANY

2010 INSC 69Appeal(s) allowed

The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid …

SRI JEYARAM EDUCATIONAL TRUST AND ORS.versusA.G. SYED MOHIDEEN AND ORS.

2010 INSC 52Dismissed

The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's …

STATE BANK OF PATIALA & ORS.versusVINESH KUMAR BHASIN

2010 INSC 54Appeal(s) allowed

Vinesh Kumar Bhasin, a retired officer of State Bank of Patiala, applied for relief under the bank's Exit Option Scheme three days before his statutory retirement and was denied. Claiming disability from a road accident, he alleged discrimination and lodged complaints with the Commissioner and Chief …